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Maryland Probate Guide
Pillar GuideMaryland12 min read

Maryland Probate Guide

Maryland probate guide to the Register of Wills and Orphans' Court, regular and modified administration, the $50,000 small estate, and creditor claims.

By Settled Editorial

Maryland probate runs through two county offices, not a single court clerk. You open the estate with the elected Register of Wills in the county where the person lived at death. The Register receives the will, appoints the personal representative, and keeps the records. A three-judge Orphans' Court then supervises the administration and hears any disputes.

Use this Maryland probate guide as a planning map, not as legal advice or a filing packet. Each Register of Wills office keeps its own local instructions, appointment rules, and payment methods. Start with the Maryland Register of Wills and Orphans' Court directory, then confirm the packet with the office in the right jurisdiction before you sign or file anything.

This guide also flags when a source-backed checklist is not enough. A contest over the will, an insolvent estate, unclear heirs, or a real estate sale can call for legal advice before anyone qualifies or distributes.

Where Maryland Probate Starts

Maryland probate starts with the Register of Wills in the county or city where the decedent was domiciled at death. The executor named in a will, or a successor if there is no will, files a petition for probate, and the Register appoints that person as the personal representative. The Register issues letters of administration, which banks, title companies, and record holders accept as proof that one person has authority to act for the estate. The Orphans' Court, a probate court of three elected judges, supervises the administration, approves accounts, and resolves disputes.

This is not a circuit-court-clerk model. That structure belongs to Virginia. Maryland does not use a surrogate either, which is the New Jersey and New York term. Maryland splits the work between the Register of Wills, who runs the estate file, and the Orphans' Court, which oversees it.

Two Maryland facts trip people up. First, in Montgomery County, Harford County, and Howard County there is no separately elected Orphans' Court. The Circuit Court judges sit as the Orphans' Court instead. Second, Baltimore City and Baltimore County are separate jurisdictions. Each has its own Register of Wills and its own Orphans' Court, so check which one you need before you file.

For related Maryland pages, keep these nearby:

The Three Administration Tracks

Maryland offers three ways to administer an estate. The right one depends on the value of the property subject to administration and on who inherits it.

Regular Estate

A regular estate opens by administrative probate under Est. & Trusts 5-301 and the sections that follow (judicial probate under Est. & Trusts 5-401 applies when an interested person objects). The Register of Wills appoints the personal representative, who then publishes a notice of appointment, mails notice to known creditors, and files an inventory within three months of appointment (Est. & Trusts 7-201), along with an information report of non-probate and trust property for the Register of Wills inheritance-tax review. The personal representative files a first administration account within nine months, then another account every six months, until a final account closes the estate. The Orphans' Court reviews each account.

A regular estate is the likely track when there are solely owned accounts, unpaid debts, a business interest, a contested will, or property that the estate must reach to pay what it owes. When there is no will, the estate passes by intestate succession, which the Maryland intestate succession guide covers in full.

Modified Administration

Modified administration is a shorter track under Est. & Trusts 5-701. It fits a solvent estate when the people who take the residue are limited to the personal representative and a narrow family class, and when every interested person consents. Instead of the ongoing account cycle, the personal representative files a single final report. Confirm the current filing deadline for that report with the Register of Wills, since modified administration carries its own timing rules and any missed step can send the estate back to regular administration.

Small Estate

Maryland treats an estate as a small estate when the property subject to administration is $50,000 or less as of the date of death, under Est. & Trusts 5-601. The limit rises to $100,000 or less when the surviving spouse is the sole legatee or heir. A small estate skips the full account cycle, so it is the faster path when the numbers fit. The Maryland small estate path walks through the filing and the current forms.

What Maryland Probate Costs

Maryland keeps its probate fee simple, and it helps to separate that fee from the state death taxes. There is no per-county probate filing fee. Instead, the Register of Wills collects one statewide fee set by Est. & Trusts 2-206, based on the value of the probate estate. The Register assesses it when the first administration account is filed, or when the final report is filed in a modified administration.

Probate estate valueRegister of Wills fee
Less than $50,000$0
$50,000 to under $100,000$100
$100,000 to under $500,000$200
$500,000 to under $1,000,000$1,000
$1,000,000 to under $2,500,000$2,000
$2,500,000 to under $5,000,000$5,000
$5,000,000 to under $7,500,000$7,500
$7,500,000 to under $10,000,000$10,000
$10,000,000 and over$10,000 plus 0.02% of the excess

A personal representative may also receive a commission for the work. Maryland caps that commission at 9% of the first $20,000 of the property subject to administration, plus 3.6% of the amount above $20,000, under Est. & Trusts 7-601. The cap is a ceiling, not a set fee. The Orphans' Court allows the actual commission up to that table, and a personal representative can give up part or all of it. Certified copies, recording fees, notice publication, a bond premium, appraisals, and professional fees are separate costs.

Maryland's Two Death Taxes

Maryland is the only state that charges both a state estate tax and a state inheritance tax, so plan for both when the estate is large or leaves property to more distant relatives.

The estate tax applies when the taxable estate passes the Maryland exemption of $5,000,000, under Tax-General Title 7, Subtitle 3. That figure is fixed by statute and does not rise with inflation, so it sits far below the federal exemption. An estate can owe Maryland estate tax while owing no federal tax. The top rate is 16%, and the Form MET-1 return is due nine months after death.

The inheritance tax works differently. It is 10% of the value of property that passes to a person who is not exempt, under Tax-General 7-204; the exemptions are set by Tax-General 7-203. Most families owe nothing here, because a spouse, a child or other lineal descendant, a parent, a grandparent, and a brother or sister of the person who died are all exempt. The tax reaches property left to more distant takers, such as nieces, nephews, cousins, and friends. The Register of Wills collects the inheritance tax as part of the estate, and it is a lien on the property until paid. The Maryland estate and inheritance tax guide breaks down both taxes.

Deadlines to Track in Maryland

Every estate differs, so confirm each date with the Register of Wills for the specific file.

TaskTiming
Deliver the willA custodian must deliver the will to the Register of Wills promptly after learning of the death (Est. & Trusts 4-203)
File the inventoryWithin 3 months after appointment (Est. & Trusts 7-201)
Creditor claim barBarred after the earlier of 6 months from death or 2 months after the personal representative mails notice (Est. & Trusts 8-103)
First administration accountWithin 9 months of appointment, then every 6 months in a regular estate
Surviving spouse elective shareWithin the later of 9 months after death or 6 months after the first appointment (Est. & Trusts 3-403 et seq.)
Maryland estate tax returnForm MET-1 due 9 months after death for estates over $5,000,000

The creditor bar is the deadline that protects the personal representative. Publish the notice of appointment, mail notice to known creditors, and keep proof of both. The Maryland probate timeline walks through these dates in more detail.

Maryland's Transfer-on-Death Deed Takes Effect October 1, 2026

Maryland enacted a real-property transfer-on-death deed in 2026 (Chapter 751, House Bill 738) that takes effect October 1, 2026 and applies to owners who die on or after that date. For a death before then it is not yet operative, so to pass a home outside probate right now families rely on a revocable trust or on survivorship titling, such as tenancy by the entirety between spouses. The ways to avoid probate in Maryland guide covers those options and the dated TOD-deed rule.

Maryland does protect the immediate family during administration. A surviving spouse or domestic partner may claim a family allowance of $10,000, plus $5,000 for each unmarried child under 18, under Est. & Trusts 3-201. That allowance is paid ahead of most debts. The Maryland family allowance guide explains how it works, and the Maryland surviving spouse rights guide covers the augmented-estate elective share.

Documents to Gather Before Filing

The Register of Wills, the Orphans' Court, banks, and beneficiaries all ask similar questions. A short document stack makes the first conversation more useful. Gather:

  • Certified death certificates
  • The original will and any codicils, if found
  • Names, ages, and addresses for heirs and any named executor
  • A list of bank accounts, vehicles, real property, and business interests
  • Deeds, tax parcel details, and mortgage information for real estate
  • Vehicle title and registration details
  • Recent bills, creditor letters, funeral invoices, and tax notices
  • Beneficiary designations, payable-on-death records, survivorship titles, and trust documents

Order certified death certificates early from the Maryland Department of Health, and keep several copies, since different holders each want one.

When to Get Legal Help

Some estates are simple enough to plan with the Register of Wills instructions and official forms. Others need legal advice before anyone qualifies, sells property, pays a creditor, or distributes money. Talk with a Maryland probate attorney when:

  • Heirs disagree about the will, the assets, or who should serve
  • The estate may be insolvent
  • Real estate must be sold to pay debts
  • The decedent owned property in more than one state, which the Maryland ancillary probate guide covers
  • A business interest, lawsuit, tax question, or Medicaid estate recovery issue is present
  • A creditor or family member threatens a claim or a will caveat

This guide can help you organize the task list and find the right jurisdiction. A lawyer can advise on rights, strategy, and signing decisions.

A Practical Filing Sequence

Use this sequence as a planning checklist:

  1. Locate the original will, certified death certificates, account records, deeds, and creditor notices.
  2. Confirm the county or city where the decedent was domiciled at death, and its Register of Wills.
  3. Decide whether the estate fits a small estate, modified administration, or a regular estate.
  4. File the petition for probate with the Register of Wills and receive letters of administration if administration applies.
  5. Publish the notice of appointment, mail notice to known creditors, and file the inventory and information report within three months.
  6. Track the creditor bar, the nine-month first account, and any estate or inheritance tax duties.
  7. Keep receipts, filed copies, account statements, and distribution records together.

Start with the Maryland Register of Wills directory and the Maryland first steps guide to line up the local packet, the deadlines, and the source notes in one place.

Verify every date and dollar figure here with the Register of Wills before you act, because this is a planning map, not a filing packet.

This guide is general information about Maryland estates. It is not legal advice. Confirm anything that affects your situation with the Register of Wills, the Orphans' Court, or a licensed Maryland attorney.

Sources:

It is not legal advice.

Information current as of July 21, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Maryland can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

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